Summary: We will not investigate this complaint about non-payment of fees for adult social care. It is a late complaint as Ms B has known of the issue since May 2022 and there is no good reason Ms B could not have complained sooner.

The complaint

1. Ms B works for company Y. Ms B says the Council failed to pay company Y for the support it gives X since May 2022. Company Y has continued to support X without payment, which has caused financial hardship.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. X’s care was previously funded by NHS Continuing Healthcare. When the NHS funding stopped in May 2022 the Council failed to take over the funding.
7. The Council delayed matters. It has recently agreed to backdate its funding to company Y to May 2022, though not for the full amount of support company Y has provided to X.
8. Company Y has known about the lack of funding since May 2022 and gives no reasons why it could not have complained sooner. This complaint is late in accordance with paragraph two. Company Y also could have taken the Council to court to challenge its liability for company Y’s fees, which it would have been reasonable to expect it to pursue to avoid financial hardship.
9. The Council’s recent decision about what it will fund is not a late complaint but is a new issue that would first need to exhaust the Council’s own complaint process. Company Y can also take court action to decide liability for its fees.
10. If X does not have capacity to decide about their care and support arrangements, a family member or company Y could apply to the Court of Protection for an order about X’s care arrangements which would determine what the Council should fund.

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Final decision

11. We will not investigate Ms B’s complaint because it is a late complaint and there is no good reason Ms B could not have complained sooner. Even if we decided to exercise discretion on the timing of the complaint, company Y had an alternative remedy to the court which it is reasonable to expect it to use.

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Investigator's decision on behalf of the Ombudsman